Trans Rights Movement in Malaysia

I regret not having written this sooner while the event was still
fresh in my mind, but better late than never. On the 12th of
July, I went to ‘Beyond Binary’, a talk hosted by national trans
ally campaign, I Am You.

This was my first exposure to the Malaysian trans community. I
went with a friend and her friend. None of us knew anyone else
there, not personally. Most of those in attendance seemed to know
one another, though, which was overwhelming in the beginning. The
event was semi-formal so there was plenty of time to talk before
and after. I left with an impression that theirs was a tight-knit
community, palpable in their solidarity. This article is my
respectful contribution to the cause as an ally of trans rights
in Malaysia.

The talk included a presentation of a video and further elucidation
on Gender Identity Disorder (GID) and the efficacy of a trans
rights platform based off the American Psychiatric Association's
DSM. Related to these are on-the-ground issues facing
transwomen and the trans rights movement in Malaysia. Topical
cases regarding trans rights were also discussed, such as the
Section66 case which was recently brought to the Court of Appeal.

In Malaysia, Shari’a law is enforced on Muslims, but ostensibly
does not affect non-Muslim citizens. Gender expression that fall
outside of male-female binary as stated on your identification
records are criminalized, which includes men ‘posing’ or dressing
as women. The Shari’a law differs from state
to state. The discussion on the legal aspects of trans rights
was especially imperative at the time because of the recent
arrests of 16 transwomen in Negeri Sembilan under Section66 of
the state’s Shari’a law. The women were sent to court for a
hearing in which they had no access to a lawyer.

On the 17th of July, the constitutionality of Section66 was
challenged at the Putrajaya Court of Appeal, arguing that the law
violates the rights of the transwomen as codified in the Federal
Constitution. These violations include freedom of movement,
freedom of expression, and equal protection (more can be read on
the topic here and here). In court, such
egregious arguments such as the accusation of those with GID being
of unsound mind were heard from Negeri Sembilan state legal
advisor, Iskandar Ali Dewa.

Therefore, hearing the judges agree that GID cannot be cured and
that trans people did not choose to be trans was accompanied with
bright hope. The judgment will be delivered on 7th of November.
If Section66 were to be struck down as unconstitutional, it could
set a precedent for all the Shari’a laws upheld by other states.
To hear more on the discriminatory civil and Shari’a laws related
to transpeople, a second episode of the video
presented at Saturday’s talk has been released .

As someone who has read widely but admittedly not very deeply on
the subject, I would say that I didn’t exactly come to the talk
expecting to glean any new information. I knew about gender
identity and have read the news on the Negeri Sembilan cases.
However, I was glad I attended because I got to meet the people.
It was a bit of a shock – one that has yet to wear off – to have
met people whose names I see often on the Internet. A definite
highlight was listening to their lived experiences, especially of
those considered veterans in this field of advocacy. It was
exciting to talk to the people behind the movement, some who had
fascinating day jobs all the while contributing to the cause.

Something I admire about I Am You is that their aim is to
educate. They are committed to raising awareness and building a
strong ally base with offers to give talks and hold sensitization
workshops at corporate companies, colleges, and et cetera
institutions. Mainstream media, the extremely conservative and
exuberantly liberal alike, have contributed to painting
Malaysians as a people not yet ready for radical changes, but
that is far from the truth. I’ve taken to saying this a lot but
most of the people on the street either just do not know or have
not been pressed to think about it. With their work, Malaysia’s
trans rights community operates by placing pressure on these
people and normative ideas. Many are actually more than willing
to open their minds.

For any Malaysians reading this, the above mentioned
organizations are looking for volunteers with tangible skill
sets. I urge everyone to get acquainted with their local trans
movement and engage with them as allies.